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HomeMy WebLinkAboutCity Council Ordinance 1998-11CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 98-11 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE REGARDING THE REGULATION OF SIGNS (97180) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendments. The text of Chapter 21 of the City Code, the Plymouth Zoning Ordinance, is hereby amended as follows: A. SECTION 21155 (SIGN REGULATIONS) AND ALL AMENDMENTS THERETO ARE HEREBY REPEALED AND REPLACED AS FOLLOWS: SECTION 21155 - SIGN REGULATIONS 21155.01. PURPOSE AND INTENT: The purpose of this Section is to protect and promote the general welfare, health, safety, and order within the City of Plymouth through the standards, regulations, and procedures governing the erection, use, display, and maintenance of devices, signs, or symbols serving as visual communications media to the public which resides, works, and visits in the City. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for visual amenities by those who design, display, or otherwise utilize needed communicative media of the types regulated by this Section; while, at the same time, assuring that the public is not endangered, annoyed, or unduly distracted by the unsafe, disorderly, indiscriminate, or unnecessary use of such communicative media and facilities. Ordinance No. 98-11 (97180) Page 2 21155.02. GENERAL REGULATIONS AND RESTRICTIONS: The following standards shall apply to all signs in all districts as permitted by this subdivision unless specifically set forth otherwise by this Section. Determination as to the applicability of the standards to any given sign shall rest with the Zoning Administrator subject to the administrative appeal procedures set forth in this Section. Subd. 1. All signs hereafter erected or maintained, except for official traffic and public street signs, shall conform with the provisions of this Section; with other applicable ordinances and regulations of the City; and, relative to all federal and state highways, with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended. Subd. 2. Unless specifically prohibited, all signs may be illuminated internally or by reflected light subject to the following: (a) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises. (b) The illumination source shall not be placed so to cause confusion or hazard to traffic, or to conflict with traffic control signs or lights. (c) All applications for signs which are to be illuminated shall indicate the level of illumination, in foot candles, and a permit shall only be issued upon the determination by the Zoning Administrator that the illumination is within the adopted standards of Section 21105.06 of this Section. (d) No illumination involving movement, by reason of the lighting arrangement, the lighting source, or other devices shall be permitted. This includes blinking, flashing, and rotating, except that signs alternatively displaying time and temperature may be allowed. (e) An electronic message board, in addition to other permitted signage, may be permitted provided the following conditions are met: (1) The message board shall not be visible from any public street. (2) The message board shall be no greater than six (6) square feet. (3) The message board shall comply with all other signage regulations. (4) Characters and letters shall be no more than four (4) inches in height. Subd. 3. Signs painted directly on building exteriors are not permitted. Ordinance No. 98-11 (97180) Page 3 Subd. 4. No freestanding signs shall project higher than thirty-six (36) feet above the established grade of the site. Subd. 5. No wall sign or other sign attached to a building shall project above the roof line of the building to which it is attached or shall constitute a roof sign as defined by this Section. Subd. 6. No sign shall be erected or placed that resembles any official marker directed by a government agency, nor shall signs display such words as "stop" or "danger" except that in shopping centers these or other traffic control signs may be used where deemed appropriate by the City Engineer. Subd. 7. No sign shall obstruct any window, door, fire escape, stairway, or other authorized or required building opening. Subd. 8. No sign shall be erected or placed that, by reason of position, shape, size, or color, would interfere with proper functioning of a traffic sign or with reasonable visibility at a street intersection. Subd. 9. Signs shall not be permitted within the public right-of-way, or within dedicated public easements except the following: (a) Public announcement signs for city-wide and free community events by civic groups. (b) Directional real estate signs for community -wide annual events such as the "Parade of Homes". (c) Street, warning, directional and other official non-commercial signs erected by a governmental agency. Subd. 10. The owner, lessee, or manager of any sign, and the owner of the land upon which the sign is located, are responsible for keeping the grass and other vegetation cut and for keeping debris and rubbish cleaned up and removed from the property where the sign is located. Further, the same parties shall be responsible for assuring that every sign, including those which may be specifically exempt from this Section relative to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. Subd. 11. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the licensee, sign owner, or owner of the Ordinance No. 98-11 (97180) Page 4 property upon which the sign stands, upon written notice of the City Zoning Administrator. Subd. 12. All signs shall direct primary attention to the business, commodity, service, activity, or entertainment conducted, sold, or offered on the premises where the sign is located, except as otherwise specified and allowed. Subd. 13. The construction of all signs permitted by this Section shall be in accordance with the Minnesota State Building Code, and with the current edition of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference as part of this Section, a copy of which shall be maintained by the Zoning Administrator. Subd. 14. No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this Section or other law. Subd. 15. No sign which revolves, rotates, or has any visible moving parts shall be permitted, except that signs alternately displaying time and temperature and barber poles may be allowed. Subd. 16. No temporary or permanent sign shall be permitted in conjunction with any home occupation or interim home occupation. Subd. 17. Outdoor advertising signs are not permitted in any zoning district. Outdoor advertising signs which exist on the effective date of this Section shall be considered as non -conforming signs and are subject to the standards contained in Section 21100. Subd. 18. Outdoor advertising signs are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. Subd. 19. Advertising signs are not permitted on bus benches. Subd. 20. Non-commercial speech signs are permitted anywhere that other signs are permitted subject to the same general regulations and restrictions applicable to such signs. 21155.03. DISTRICT REQUIREMENTS: Ordinance No. 98-11 (97180) Page 5 Subd.1. All Districts. The following signs are permitted in all zoning districts subject to applicable administrative procedures of Section 21155.04. (a) Directional Signs. Directional signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. (1) Directional signs shall not exceed four (4) square feet of surface area, and shall not project higher than eight (8) feet above grade,except that directional signs for buildings over 400,000 square feet in area shall not exceed fourteen (14) square feet of surface area. (2) Directional signs directed at persons off the site shall be limited to one (1) such sign per street access to the site. (3) Directional signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional signs shall be located and designed so as to not obstruct traffic or vision of drivers and pedestrians. (5) One (1) off-site directional sign for the following: church, school, hospital, sanitarium, non-commercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial street leading to the subject use. (b) Temporary Signs. (1) Construction Signs. One (1) temporary sign not exceeding a total surface area of ninety-six (96) square feet, not exceeding sixteen (16) feet in height, and not less than two (2) feet above grade.. Such signs shall be set back at least ten (10) feet from lot lines. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. (2) Real Estate Signs, Off -Premise. One (1) temporary real estate sign located off the site being developed shall not exceed sixteen (16) square feet in surface area, or six (6) feet in height, or eight (8) feet in width. Such signs shall be set back at least ten (10) feet from lot lines. Off-site temporary directional signs shall be located at least two hundred (200) feet from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed thirty-two (32) square feet. The signs shall be located on private property with the express consent of the property owner Ordinance No. 98-11 (97180) Page 6 who, with the owner or manager of the sign, shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. (3) Campaign Signs. Temporary signs for political campaigns shall not exceed thirty-two (32) square feet in surface area, except that maximum size shall not apply from August 1 in state general election years, and shall be removed not more than ten (10) days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operations. (4) Public Announcement Signs. Temporary signs for non- commercial announcements by civic groups shall not exceed thirty-two (32) square feet in surface area. For city-wide and free community events, up to three (3) such signs per event may be permitted with a maximum surface area not to exceed three hundred (300) square feet. Such signs shall be removed when the intended purpose has been fulfilled. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign Subd. 2. Residential Districts. Signs are accessory to permitted, interim and conditional uses in residential districts. Only the following signs are permitted in the FRD, RSF and RMF Districts, unless otherwise specifically provided in this section: (a) All signs permitted in Section 21155.03, Subd. 1. of this Section. (b) Nameplate Signs. One (1) nameplate sign provided that the surface area does not exceed four (4) square feet. If the nameplate sign is freestanding, it shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. (c) Signs for Non -Residential Uses. (1) One (1) freestanding sign not to exceed thirty-two (32) square feet in surface area. The sign shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. Ordinance No. 98-11 (97180) Page 7 (2) Wall signage shall be permitted on one wall of allowed non- residential uses; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wallto which the sign is attached, whichever is greater. (d) Area Identification Signs. (1) Area identification signage shall be permitted for each multi - residential project or residential subdivision. For purposes of this section, residential subdivisions shall include all phases of approved staged developments. (2) The area identification signage shall be located at the entrance to the project or subdivision. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per project or subdivision. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants in the FRD District only. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from the lot lines, and shall be erected only during the period of transient sales. (f) Temporary Real Estate Signs, On -Premise. One (1) temporary sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than eight (8) square feet in surface area. Apartment complexes may have one (1) wall sign with a surface area not to exceed five (5) percent of the area of the wall to which it is attached. Such apartment complex wall signage may be used not more than four (4) times Ordinance No. 98-11 (97180) Page 8 per calendar year, and for a period of not more than fourteen (14) days per time. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd. 3. O -R, Office/Residential Transition District. Signs are accessory to permitted, conditional, and interim uses in the O -R District. Only the following signs are permitted in this district, unless otherwise specifically provided in this section: (a) All signs permitted in Section 21155.03, Subd. 1. of this Section. (b) Business Signs. (1) One freestanding business sign not exceeding sixty-four (64) square feet in surface area, and maximum height of sixteen (16) feet. The sign shall be set back at least ten (10) feet from lot lines. (2) Wall business signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater; and, shall not extend more than eighteen (18) inches from the face of the building except that such signage may extend from the face of the roof over a covered wall, or from a marquee, providing the signage does not extend above the roof line of said building. (3) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (4) Business signs shall direct attention to the business, profession, commodity or service which is found on the premises where the sign is located, except that such a sign may be placed on an adjacent premises if all the following conditions are met: a. There is common ownership of the two premises or the two premises share a common development name, and the signage rights are designated in a recorded easement or similar instrument. b. The sign is in compliance with all other ordinance requirements. Ordinance No. 98-11 (97180) Page 9 C. The premises served by the off-site business sign shall not have frontage on a collector or arterial street. d. The sign shall be located on a premises that has frontage on an arterial or collector roadway. e. The premises served by the off-site business sign shall not have or install a freestanding sign on their own premises while such off-site business sign is in existence. f. The sign shall not contain arrows or other forms of directions to the premises served by the sign. (c) Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located at the entrance to the development. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (d) Signs for Residential Uses. For residential uses in the O -R District, signs shall be permitted as allowed in Section 21155.03, Subd. 2. (e) Temporary Signs. (1) Special Event Signs. One temporary sign for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area not exceeding Ordinance No. 98-11 (97180) Page 10 thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the enterprise. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines, and shall not be located in any required side or rear yard. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd. 4. Other Commercial Districts. Signs are accessory to permitted, interim, and conditional uses in the C-1, C-2, C-3, C-4, CC, C -W and B -C Districts. Only the following signs are permitted in these districts, unless otherwise specifically provided in this section: (a) For City Center District regulations, also refer to Section 21475.17, Subd. 6. (b) All signs permitted in Section 21155.03, Subd. 1. of this Section. Ordinance No. 98-11 (97180) Page 11 (c) Business Signs. (1) Allowable uses and business establishments, including individual business and tenants in multi -tenant commercial buildings, may have wall business signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Wall business signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (3) One (1) freestanding business sign not to exceed ninety-six (96) square feet in surface area or thirty-six (36) feet in height, and set back at least ten (10) feet from lot lines. (4) Business signs shall direct attention to the business, profession, commodity or service which is found on the premises where the sign is located, except that such a sign may be placed on an adjacent premises if all the following conditions are met: a. There is common ownership of the two premises or the two premises share a common development name, and the signage rights are designated in a recorded easement or similar instrument. b. The sign is in compliance with all other ordinance requirements. C. The premises served by the off-site business sign shall not have frontage on a collector or arterial street. d. The sign shall be located on a premises that has frontage on an arterial or collector roadway. Ordinance No. 98-11 (97180) Page 12 e. The premises served by the off-site business sign shall not have or install a freestanding sign on their own premises while the off-site business sign is in existence. f. The sign shall not contain arrows or other forms of directions to the premises served by the sign. (d) Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located at the entrance to the development. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Temporary Signs. (1) Special Event Signs. One temporary sign for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the enterprise. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Ordinance No. 98-11 (97180) Page 13 Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd.5. Industrial Districts. Signs are accessory to permitted and conditional uses in the I-1, I-2 and I-3 Districts. Only the following signs are permitted in this district unless otherwise specifically provided in this section: (a) All signs permitted in Section 21155.03, Subd. 1. of this Section. (b) Business Signs. (1) Allowable uses and business establishments, including individual business and tenants in multi -tenant commercial buildings, may have wall business signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Such wall business signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by Ordinance No. 98-11 (97180) Page 14 the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (3) One (1) freestanding business sign not exceeding ninety-six (96) square feet in surface area or thirty-six (36) feet in height, and is set back at least ten (10) feet from lot lines. The surface area of the sign may be increased to a maximum of one hundred sixty (160) square feet for industrial developments of over twenty (20) acres. (4) Business signs shall direct attention to the business, profession, commodity or service which is found on the premises where the sign is located, except that such a sign may be placed on an adjacent premises if all the following conditions are met: a. There is common ownership of the two premises or the two premises share a common development name, and the signage rights are designated in a recorded easement or similar instrument. b. The sign is in compliance with all other ordinance requirements. C. The premises served by the off-site business sign shall not have frontage on a collector or arterial street. d. The sign shall be located on a premises that has frontage on an arterial or collector roadway. e. The premises served by the off-site business sign shall not have or install a freestanding sign on their own premises while the off-site business sign is in existence. f. The sign shall not contain arrows or other forms of directions to the premises served by the sign. (c) Area Identification Signs. (1) Area identification signage shall be permitted for industrial developments with two or more structures. Ordinance No. 98-11 (97180) Page 15 (2) The area identification signage shall be located at the entrance to the development. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (d) Temporary Signs. (1) Special Event Signs. One temporary sign for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area not to exceed thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the enterprise. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in Ordinance No. 98-11 (97180) Page 16 height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd.6. Public Institutional Districts. Signs are accessory to permitted, conditional and interim uses in the P -I District. Only the following signs are allowed in these districts, unless otherwise specifically provided in this Section. (a) All signs permitted in Section 21155.03, Subd. 1 of this Section. (b) One monument sign per street frontage, provided that: (1) The sign does not exceed sixty four (64) square feet in surface area. (2) The sign does not exceed eight (8) feet in height. (3) The sign may be single or double faced. (4) Product or service advertising is prohibited. (c) Wall signage shall be permitted on one wall only, and shall not exceed fifty (50) square feet or five (5) percent of the area of the wall to which the sign is attached, whichever is greater. (d) Scoreboards for public parks and public or private schools, provided that: (1) One scoreboard not exceeding forty (40) square feet is allowed per playing field. (2) No advertising or sponsor panels shall be permitted on the scoreboard. (e) Advertising on athletic field fence panels shall be prohibited. Ordinance No. 98-11 (97180) Page 17 (f) Temporary signs. One temporary sign for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area not to exceed thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the enterprise. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Subd.7. Planned Unit Development Districts. A comprehensive sign plan is required for all non-residential PUDs (Planned Unit Development). Sign requirements within PUD Districts which are the same as those imposed in the corresponding zoning district in which the use is customarily permitted may be approved as part of the PUD final plan. Comprehensive sign plans which require variances from those standards shall require a PUD amendment. 21155.04. ADMINISTRATION AND ENFORCEMENT: The sign regulations set forth in this Section shall be administered and enforced by the Zoning Administrator. The procedures, standards and requirements for the administration and enforcement of the provisions of this section shall be in accordance with this Section, the City Code, and other applicable laws and regulations. Subd.1. Permits Required. Every person shall obtain from the City a permit before erecting, placing, rebuilding, reconstructing, structurally altering, enlarging or relocating any sign which is not specifically exempted by these regulations from this permit requirement. (a) An application for a permit shall be submitted to the Zoning Administrator in accordance with the permit procedures of the City Code and the requirements of this section. The application shall include the information required by the form provided by the City and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly and accurately reflect the following: Ordinance No. 98-11 (97180) Page 18 (1) The location of proposed and existing signs in relation to property lines and existing and proposed building based upon a certified survey or site plan approved by the City which accurately reflects current conditions on the property. (2) The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground. (3) Stress calculations, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by City Code and regulations. (4) Such other information as the Zoning Administrator or Building Official shall require to show full compliance with this Section and other applicable laws or codes of the City. The Zoning Administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance. (b) The appropriate permit fee as set forth in the City Code shall accompany the application. (c) The Zoning Administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work; the permit shall, where applicable, specify the duration of the sign; and the permit shall indicate any special conditions or requirements related to the construction of the sign. (d) Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota State Building Code for building permits. Subd. 2. Signs Not Requiring Permits. The following signs and work, in addition to other signs and work addressed in this Section, where exemption from permit requirements is specifically made, do not require a permit. The exemptions shall apply only to the requirement of a permit and shall not be construed as relieving the owner or contractor of the sign from responsibility for its erection and maintenance. (a) Street, warning, directional and other official non-commercial signs erected by a governmental agency. (b) Changing of the copy or message of an allowed sign expressly designed with changeable copy. Ordinance No. 98-11 (97180) Page 19 (c) Changing the copy or sign face of a permitted non -conforming outdoor advertising sign, unless a major structural change is involved. (d) Address letters and numerals required by and in conformance with City Codes. Included are related signs, not to exceed two (2) square feet, displayed strictly for the convenience of the public such as identification signs for rest rooms, waste receptacles, door bells, mailboxes, reserved parking spaces, loading zones, or primary building entrances. (e) Temporary real estate signs related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings of less than eight (8) square feet in surface area. (f) Directional real estate signs for community -wide annual events such as the "Parade of Homes". (g) Temporary signs for non-commercial announcements for civic groups and for political campaigns. (h) Temporary signs in conjunction with an approved administrative permit. (i) Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal, or professional organization. Commercial and industrial establishments may display on a single flag or on a single awning or on a single canopy, the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific products or services is prohibited unless approved in conjunction with an administrative or conditional use permit as provided by this Chapter. Subd.3. Enforcement. All signs shall be subject to inspection by the Zoning Administrator or authorized designees who are hereby authorized to enter upon any property or premises to ascertain whether these regulations are being met. Such entrance shall be made during normal business hours, unless a clear and present emergency exists. The Zoning Administrator may order, in writing, the removal of any sign that is not maintained in accordance with the standards or maintenance requirements of this Section. Continued violations of this section shall be administered and prosecuted in accordance with the City Code. Subd.4. Removal of Abandoned Signs, Signs in Disrepair and Signs Located in the Public Right -of -Way. (a) Abandoned Signs and Signs in Disrepair: An abandoned sign or sign in disrepair is prohibited and shall be removed by the owner of the premises within 30 days after notification. If compliance with the provisions of this Section is not Ordinance No. 98-11 (97180) Page 20 achieved within 30 days, the sign shall be deemed a public nuisance by following the procedure as specified in Section 2010 of the Plymouth City Code. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered as abandoned for a period of one year. (b) Signs on Public Property or Within Public Right -of -Way: The City may at any time and without notice impound signs which have been installed on public property or within public right-of-way or easement. Subd.5. Variances and Appeals. Variances from the dimensional and location standards of this section shall be subject to the procedures and requirements set forth in Section 21030 of this Chapter. No variances shall be considered which would allow signs in districts or places where such signs are prohibited or not allowed. Appeals to administrative rulings of the Zoning Administrator shall be made in accordance with the procedures and requirements of Section 21035 of this Chapter. 21155.05. LICENSING REQUIREMENT: No person or company shall be engaged in the business of installing, erecting, constructing, placing, maintaining, renting, leasing, or removing signs within the City of Plymouth without first obtaining a sign contractor's license. The procedures and fees for such license shall be as set forth in Chapter 10 of the City Code. 21155.06. TEMPORARY OUTDOOR PROMOTIONAL EVENTS: The Zoning Administrator may approve signs or other devices the purpose of which is to attract attention that do not comply with the standards of this section when such signs or devices are directly related to, and a part of, a temporary outdoor promotional event as defined and regulated by Section 21025. Examples of the signage and devices that may be approved in this matter are spotlights, skytrackers, balloons, portable signage, and similar devices, when such signage and devices are found by the Zoning Administrator to be in conformance with the public health, safety, and welfare. All requests for approval by the Zoning Administrator responsive to this paragraph shall be made with the initial application for a temporary outdoor promotional event as defined and regulated in Section 21455.11, Subd. 8 of this Chapter. B. SECTION 21005 (RULES AND DEFINITIONS) IS HEREBY AMENDED AS FOLLOWS: Sign Related: Ordinance No. 98-11 (97180) Page 21 (a) Advertising Sign: Any permanent non-governmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. (b) Area Identification Sign: A freestanding sign identifying the name of a single family residential subdivision consisting of twenty (20) or more lots, a residential planned tmit development; a multiple residential complex consisting of three (3) or more structures, eentaining three (3) or more independent operations, a single bttsiness eonsisting of three (3) or more separate stmetures; a manufaetared home ee ; a commercial or industrial development containing two (2) or more structures-, a manufactured home park: or any integrated combination of the above. - (ce) Business Sign: Any sign which identifies a specific business, either retail, wholesale, or industrial, or which identifies a profession and is located upon the subject property. (d) Construction Sign: A sign which displays information announcing the gpnroved construction or develolment of the site on which it is displayed. (eef) Directional Sign: A sign erected with the address and/or name only of a business, development project, institution, church or other use or activity plus directional arrows or information on location. Qh) Freestanding Sign: A self -supported sign not affixed to another structure. (gi) Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. Ordinance No. 98-11 (97180) Page 22 (h) Monument Sign: Any sign not supported by posts, which does not exceed ten (10) feet in height, and located directly at grade where the base width dimension is 75 percent or more of the greatest width of the sign. (i) Name Plate Sign: A sign located on the premises, giving the name or address or both of the owner or occupant of a building or premises. (j) Non -Conforming Sign which existed prior to the adoption of this Chapter and does not conform to the requirements herein. (k) Outdoor Advertising Sign: A sign which is located outdoors and which advertises a product, business, service, event, or any other matter which is not available or does not take place on the same premises as the sign. (1m) Roof Sign: A sign erected, constructed or attached wholly or in part upon or over the roof of a building. (_me) Sign: The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public. VII 11 11 ..: .. i , :::.EM ::: ; (nr) Sign, --Surface Area: The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface, including any material forming an inteeral hart of the background of the disnlav used to differentiate the sign from the background structure. It does not include any structural elements outside the limits of suel3—the sign, such as the base, framing, or decorative roofing,, provided there is no advertising copy on such features. an integral paft of the display. For signs consisting of individual letters, figures, Ordinance No. 98-11 (97180) Page 23 or symbols applied directly onto a building or structure, the sign area shall be that area enclosed with the smallest rectangle needed to completely encompass all letters, figures, or symbols. Only one side of a double_—faced or V -type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or V -type signs is 45 degrees. (ot) Temporary Sign: A sign erected or displayed for a specified period of time. (Lm) Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. Ordinance No. 98-11 (97180) Page 24 C. SECTION 21180 (PUBLIC PROPERTY/RIGHTS-OF-WAY) IS HEREBY AMENDED AS FOLLOWS: 21180.01. COVERAGE: The erection and/or placement of any structure in the public right-of-way or on City property by any person, or group other than the City of Plymouth, Hennepin County, Metropolitan Council, the State of Minnesota, or franchised utility shall require the processing of a conditional use permit in accordance with Section 21015 of this Chapter. Exceptions to this provision include newsstands, essential services, signs allowed under Section 21155.02, Subd. 9, radio receivers and transmitters as an accessory use to essential services, and personal wireless communication antennas located on existing lattice electrical transmission towers provided that the use and equipment comply with all applicable requirements of this Chapter. D. SECTION 21475 (CC, CITY CENTER DISTRICT) IS HEREBY AMENDED AS FOLLOWS: 21475.07. ACCESSORY USES. within the CC District: Subd. 1. All sub -districts. The following are permitted accessory uses (g) Signs areas regulated by Section 21155 and 21475.17, Subd. 6 of this Chapter. 21475.17. SPECIAL DESIGN AND PERFORMANCE STANDARDS. The following special design and performance standards shall be observed in the CC District subject to the additional standards requirements, exceptions and modifications set forth in this Chapter. Subd. 6. Signs. (a) Signs as regulated by Section 21155 of this Chapterand 21475.07.(g) o this --�rmay be allowed subject to the limitations noted below. Ordinance No. 98-11 (97180) Page 25 (b) Business Signs. (1) Wall signage shall be permitted in compliance with Section 21155.03, Subd. 4 (d) (1) of this Chapter. (2) One monument sign shall be permitted per lot, provided the surface area of the sign shall not exceed 64 square feet. (a) In the CC -P district, an electronic message board may occupy the surface area permitted for a monument sign, provided there is no movement in the lighting arrangement including blinking, scrolling, flashing, or rotating (b) Electronic message boards and signage shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. 3) For properties directiv abutting Highwav 55. one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (2) above, provided the surface area of the sign shall not exceed 96 square feet. Any such freestanding sign shall be located between Highway 55 and the building. Section 2. Effective Date. This Ordinance shall be in full force and effect immediately upon its passage. ADOPTED by the City Council on April 1, 1998. cz //��� d cely H. Tierney, May ATTEST: Laurie F. Ahrens, City Clerk ATTACHMENT A CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 98-11 CHAPTER 21 OF THE PLYMOUTH CITY CODE, THE PLYMOUTH ZONING ORDINANCE This ordinance amends the text of Chapter 21 of the City Code, the Plymouth Zoning Ordinance, which contains the following articles: SECTION 21005 - RULES AND DEFINITIONS SECTION 21155 - SIGN REGULATIONS SECTION 21180 - PUBLIC PROPERTY/RIGHTS-OF-WAY SECTION 21475 - CC, CITY CENTER DISTRICT A printed copy of the Zoning Ordinance amendments is available for inspection by any person during the City Clerk's regular office hours and at the City Hall during regularly scheduled City Council meetings. APPROVED by the Plymouth City Council on this 1' day of April, 1998. By; - ,��. Joycely H. Tjerney, May r ATTEST: By: . �-, -4, �- "A M. h d2 '/Laurie F. Ahrens, City Clerk